| Rowe v U.S. Bank National Association |
| Motion No: 2022-02855 |
| Slip Opinion No: 2024 NY Slip Op 64155(U) |
| Decided on March 15, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M294951
AFA/
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
DEBORAH A. DOWLING
JANICE A. TAYLOR, JJ.
|
2022-02855 Roger Rowe, appellant, v U.S. Bank National Association, etc., et al., respondents, et al., defendants. (Index No. 610690/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated September 24, 2021. Motion by the respondent JP Morgan Chase Bank, N.A., to strike the appendix on the ground that it is inadequate, to strike the appellant's brief, and to extend the time to serve and file a brief. Motion by the appellant, inter alia, to consolidate the appeal with appeals under Appellate Division Docket Nos. 2022-06606 and 2021-07941.
Upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion by the respondent which is to strike the appendix is granted to the extent that on or before April 15, 2024, the appellant shall serve and file a supplemental appendix containing Supreme Court NYSCEF Document Nos. 9, 23, 45, 86, 69, 72, 83, 101 118, 122, 124 and 135, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to strike the appellant's brief is denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before May 14, 2024, the respondent JP Morgan Chase Bank, N.A. shall serve and file its brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion by the appellant is denied.
IANNACCI, J.P., GENOVESI, DOWLING and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court